Procedure for Power of Attorney (NRIs)

Power of Attorney

How Power of Attorney Helps NRIs to Manage their Property

Power of Attorney (POA) is an important document that many NRIs often have to deal with. This document is mostly used in real estate transactions. A lot of attention should be paid to the NRI Power of Attorney while you are getting it made. Especially in cases where there are large monetary transactions, making sure that you have drawn the right NRI Power of Attorney, and followed all the due procedures will help keep your transaction safe.

What is a Power of Attorney?

A Power of Attorney (POA) is a document that gives another person chosen by you, the power to undertake acts or deeds when you cannot physically be present. In essence, a Power of Attorney gives the designated person the power to execute deeds or sign certain contracts on your behalf. Exactly what this designated person can do is also specified in the document.

Before you decide to draw a POA, you must know that there are two possible kinds of POA. Let us look at them in greater detail:

General Power of Attorney

A general POA gives the designated person a larger scope of power to complete multiple transactions or deeds that is expected.

Special Power of Attorney

A special POA is narrower in scope. It specifies exactly what deeds or transactions the designated person can complete on your behalf.

Procedure for an NRI POA While You Are Abroad

If you want to draw a POA and send it to India, then it is best to go to your local Indian Consulate to get it attested. This is very important as the document will not be valid unless you attest it first. Here are the steps you should take to get your NRI POA attested at the Indian Consulate:

  • An NRI POA sent from abroad doesn’t require an Indian stamp paper. So, you can use a plain paper.
  • In the plain paper, write down all the powers you wish to share with the designated person. Ideally, for large transactions of immovable property like land, your designated person should be a spouse or a blood relative like your parents or siblings. List out whatever you would like this person to do on your behalf.
  • Before you sign the document, you must go to the Indian Consulate. Make sure that you have at least two copies of the POA.
  • Two witness signatures would be required for the NRI POA to be valid. You can either take two witnesses with you when you go the Consulate or get their signatures notarized beforehand. If the two witnesses are unable to come to the consulate, only then should you get it notarized. Otherwise, they must sign the POA in the presence of a consular official

Ensuring your NRI POA is valid

  • Both the parties of the POA should be competent. Minors and others who are disqualified by law cannot hold or give a POA
  • The POA is valid only for a legal act.
  • The POA must be duly stamped, notarized within the specified time frame (usually within 3 months)
  • A POA that is executed abroad must be attested by a Consulate Officer in your country of residence

Documents Required for Attestation of POA at The Indian Consulate

We recommend that you call your local consulate in advance to confirm exactly which documents and how many copies of them you would need. This will ensure that you are prepared, and will save everyone involved a lot of time. However, here are the main documents that you will need to take with you when you go to get your POA attested.

  • The POA itself, along with a few copies (at least 2)
  • Your passport, along with a few copies. Make sure you include all the pages as well as the front and back pages
  • Address proof in your country of residence
  • Proof of your legal status in the country of residence like your Visa/ Green Card/others
  • Passport Size Photographs
  • ID Proof and copies of ID Proof for both your witnesses
  • You may be asked to pay a fee at the time of attestation. Calling ahead will help you have the money ready

Tips and Precautions to Be Taken While Drawing a POA.

  • Make sure that you are drawing the POA only to someone you trust.
  • Read through the entire document carefully to make sure that you understand exactly what powers you are giving the other person. Ensure that you understand it completely before putting your signature on it.
  • Wherever possible, try to give only a Special Power of Attorney. This will specify exactly what the other person can do for you, and for what duration.
  • Make sure that the designated person is willing to take this responsibility up. Also, ensure that they have the capability to execute whatever powers you have granted them

Keeping all these points in mind will make your journey to sending that Power of Attorney to India an easier task than you imagined.

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